Barber v. NH State Prison, Warden et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
John Barber
v.
David Biondi
Civil No. 14-cv-98-JL
O R D E R
The copy of the Report and Recommendation (doc. no. 75)
mailed to plaintiff at his address on file with the court on
December 1, 2015, was returned to the court on December 14, 2015
(see doc. no. 76). The rules (LR 83.6(e)) require the plaintiff
to notify the court of any change of address. Since the court
had not received any such notification, the clerk called the
N.H. State Prison seeking a new address. The prison informed
the court that the plaintiff was released with no post-release
conditions, therefore, he was not required to file a new
address.
Accordingly, as no objection was filed, I herewith approve
the Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated December 1, 2015. “‘[O]nly those issues fairly
raised by the objections to the magistrate's report are subject
to review in the district court and those not preserved by such
objection are precluded on appeal.’” School Union No. 37 v.
United Nat'l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010)
(quoting Keating v. Secretary of Health & Human Servs., 848 F.2d
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271, 275 (1st Cir.1988)); see also United States v. Valencia-
Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after proper notice,
failure to file a specific objection to magistrate's report will
waive the right to appeal).
SO ORDERED.
____________________________
Joseph N. Laplante
Chief Judge
Date: January 7, 2016
cc: John Barber, pro se
Francis Charles Fredericks, Esq.
Case 1:14-cv-00098-JL Document 77 Filed 01/07/16 Page 2 of 2